IN THE DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX COMMISSIONER OF THE DEPARTMENT : CIVIL ACTION OF PLANNING AND NATURAL : RESOURCES, ALICIA V. BARNES, : et al. : : v. : : CENTURY ALUMINUM COMPANY, : et al. : NO. 05-62 ORDER AND NOW, this 26th day of March, 2013, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that: (1) the motion of defendants HOVENSA, LLC and Hess Oil Virgin Islands Corporation to exclude the expert report and testimony of Kevin J. Boyle, Ph.D. (Doc. #1238) is DENIED; and (2) the motion of Lockheed Martin Corporation to exclude expert testimony of Kevin J. Boyle (Doc. #1240) is DENIED. BY THE COURT: /s/ Harvey Bartle III HARVEY BARTLE III J. SITTING BY DESIGNATION Case: 1:05-cv-00062-HB Document #: 1355 Filed: 03/26/13 Page 1 of 1